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This book brings into focus the legal status of armed forces on foreign territory within, inter alia, the context of multi-national exercises and a variety of so-called crisis management operations. When it comes to criminal offences committed by military personnel while abroad it is important to know whether such offences fall under the criminal jurisdiction of the Sending State or that of the Host State. The book analyses this question from two different perspectives, namely traditional public international law and military operational law. Taking his readership through two hundred years of international practice the author arrives at the current practice of laying down the status of forces deployed abroad in so-called Status of Forces Agreements (SOFAs). Having looked at SOFAs from the two different law perspectives the author proposes the development of a “Status of Forces Compendium” to serve as a kind of guideline for future SOFAs. The author’s intention in proposing this idea is to instigate further discussion on the subject in public international law and criminal law circles and among armed forces’ legal advisors. Joop Voetelink is an Associate Professor of Military Law at the Netherlands Defence Academy.
Law. --- International Criminal Law. --- Droit --- Armed Forces in foreign countries. --- Military law. --- Criminal jurisdiction. --- Criminal liability. --- Military law --- Netherlands --- Armed Forces --- Foreign countries. --- Law, Military --- Military administration --- Accountability, Criminal --- Criminal accountability --- Criminal liability --- Criminal responsibility --- Liability, Criminal --- Responsibility, Criminal --- Conflict of criminal jurisdiction --- Conflict of laws --- Criminal law --- Criminal procedure --- Exterritorial crime --- Law and legislation --- The Netherlands --- Pays-Bas --- Países Baixos --- Holland --- Spanish Netherlands --- Pays-Bas espagnols --- Austrian Netherlands --- Pays-Bas autrichiens --- Oostenrijkse Nederlanden --- Southern Netherlands --- Pays-Bas méridionaux --- Zuidelijke Nederlanden --- Niderlandy --- Belanda --- Nederland --- Koninkrijk der Nederlanden --- Reino dos Países Baixos --- Royaume des Pays-Bas --- Kingdom of the Netherlands --- Países Bajos --- Holanda --- Nederlân --- Hulanda --- Beulanda --- Niderland --- Niderlande --- هولندا --- مملكة هولندا --- Mamlakat Hūlandā --- Olanda --- Payis-Bâs --- Países Baxos --- Aynacha Jach'a Markanaka --- Nirlan --- Niderland Krallığı --- Kē-tē-kok --- Landa --- Kerajaan Landa --- Нидерландтар --- Niderlandtar --- Нидерландтар Короллеге --- Niderlandtar Korollege --- Нідэрланды --- Каралеўства Нідэрланды --- Karaleŭstva Nidėrlandy --- Nederlands --- Niadaland --- Holandija --- Kraljevina Holandija --- Izelvroioù --- Нидерландия --- Niderlandii︠a︡ --- Кралство Нидерландия --- Kralstvo Niderlandii︠a︡ --- Països Baixos --- Нидерландсем --- Niderlandsem --- Нидерландсен Патшалăхĕ --- Niderlandsen Patshalăkhĕ --- Nizozemsko --- Paesi Bassi --- Regnu di i Paesi Bassi --- Iseldiroedd --- Nederlandene --- Niederlande --- Kéyah Wóyahgo Siʼánígíí --- Nižozemska --- Kralojstwo Nederlandow --- Madalmaad --- Ολλανδία --- Ollandia --- Hollandia --- Κάτω Χώρες --- Katō Chōres --- Βασίλειο των Κάτω Χωρών --- Vasileio tōn Katō Chōrōn --- Nederlando --- Reĝlando Nederlando --- Paisis Bajus --- Herbehereak --- Herbehereetako Erresumaren --- هلند --- Huland --- Niðurlond --- Háland --- Paîs Bas --- Neerlande --- Ísiltír --- Ríocht na hÍsiltíre --- Çheer Injil --- Çheer y Vagheragh --- Reeriaght ny Çheer Injil --- Tìrean Ìsle --- Hò-làn --- Недерлендин Нутг --- Nederlendin Nutg --- 네덜란드 --- Nedŏllandŭ --- Hōlani --- Nederlandia --- Pais Basse --- Regno del Paises Basse --- Нидерландтæ --- Niderlandtæ --- Нидерландты Къаролад --- Niderlandty Kʺarolad --- Konungsríkið Holland --- הולנד --- Holand --- ממלכת ארצות השפלה --- Mamlekhet Artsot ha-Shefelah --- Walanda --- Hollandi --- Нидерландла --- Niderlandla --- Нидерландланы Королевствосу --- Niderlandlany Korolevstvosu --- Néderlandzkô --- Нидерланд --- Iseldiryow --- Ubuholandi --- Ubuhorandi --- Nederilande --- Нидерланддар --- Niderlanddar --- Uholanzi --- Ufalme wa Nchi za Chini --- Нидерландъяс --- Niderlandʺi︠a︡s --- Нидерландъяс Корольув --- Niderlandʺi︠a︡s Korolʹuv --- Peyiba --- Holenda --- Keyatiya Nederlandan --- Payises Bashos --- פאייסיס באשוס --- Nīderlandeja --- Batavia --- Regni Nederlandiarum --- Nīderlandes Karaliste --- Nyderlandai --- Nyderlandų Karalystė --- Paixi Basci --- Paes Bass --- Ulanda --- Holland Királyság --- Keninkryk fan 'e Nederlannen --- Reino di Hulanda --- Холандија --- Кралство Холандија --- Kralstvo Holandija --- Pajjiżi l-Baxxi --- Hōrana --- Недерлатт --- Nederlatt --- Оцязорксши Недерлатт --- Ot︠s︡i︠a︡zorksshi Nederlatt --- Нидерландын Вант Улс --- Niderlandyn Vant Uls --- Tlanitlālpan --- Huēyitlahtohcāyōtl in Tlanitlālpan --- Eben Eyong --- Nederlaand --- オランダ --- Oranda --- オランダ王国 --- Oranda Ōkoku --- Ulanna --- Nethiland --- Nederlande --- Holandska --- International criminal law. --- National security --- Liability (Law) --- Jurisdiction --- International criminal law --- Holland (Kingdom) --- Batavian Republic --- United Provinces of the Netherlands --- Criminal law, International --- ICL (International criminal law) --- International law --- Criminal jurisdiction --- International crimes --- Acts, Legislative --- Enactments, Legislative --- Laws (Statutes) --- Legislative acts --- Legislative enactments --- Jurisprudence --- Legislation --- International Criminal Law .
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This book brings into focus the legal status of armed forces on foreign territory within, inter alia, the context of multi-national exercises and a variety of so-called crisis management operations. When it comes to criminal offences committed by military personnel while abroad it is important to know whether such offences fall under the criminal jurisdiction of the Sending State or that of the Host State. The book analyses this question from two different perspectives, namely traditional public international law and military operational law. Taking his readership through two hundred years of international practice the author arrives at the current practice of laying down the status of forces deployed abroad in so-called Status of Forces Agreements (SOFAs). Having looked at SOFAs from the two different law perspectives the author proposes the development of a “Status of Forces Compendium” to serve as a kind of guideline for future SOFAs. The author’s intention in proposing this idea is to instigate further discussion on the subject in public international law and criminal law circles and among armed forces’ legal advisors. Joop Voetelink is an Associate Professor of Military Law at the Netherlands Defence Academy.
International law --- Criminal law. Criminal procedure --- internationaal recht
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International law --- Criminal law. Criminal procedure --- internationaal recht
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This is open access volume of the NL ARMS offers an interdisciplinary view on the domain of Compliance and Integrity in International Military Trade (CIIMT), integrating defence economics, international law, arms export control frameworks and policies, information management, organizational sciences and ethics. Although, in academia, and from an interdisciplinary perspective, CIIMT constitutes a relatively novel research domain, across private and public defence-related sectors, the subject evokes high levels of attention and interest, instigating a need for critical thinking, reflection and creativity to address ensuing multi-faceted issues and problems. The Faculty of Military Sciences at the Netherlands Defence Academy extends an in-house MSc programme on CIIMT, which, by integrating practice-based and scientific-based knowledge, aims to contribute to this need. The MSc programme on CIIMT is concerned with exploring, analysing, understanding, explaining, controlling and improving the military dimension in international military trade. More particularly, CIIMT studies managerial questions regarding strategic trade control of military and dual-use goods and services. CIIMT ties in with the Netherlands Defence Academy’s vision on scientific education, embedded in the reflective practitioners' paradigm uniting both management and leadership skills needed to decide and operate in high-tension and high-risk knowledge intensive environments. The Faculty of Military Sciences uses the reflective practitioners’ paradigm to refer to critical thinking, reflection and Bildung that characterize its thinking doers, the so-called Thinking Soldiers, either at the academic Bachelor’s or Master’s level. In view of the complexity of the international trade regarding military and dual-use goods and services, the rapid evolvement of strategic trade control and frameworks, and its importance to procurement processes, defence organizations require innovative thinking doers, who, based on an in-depth understanding, from an interdisciplinary perspective can be expected to find - and take responsibility for - creative solutions to problems. NL ARMS 2021 comprises, amongst others, contributions from students and lecturers partaking in this programme. All the editors are affiliated with the Faculty of Military Sciences of the Netherlands Defence Academy in Breda, The Netherlands.
Public international law --- Human rights --- International humanitarian law --- Constitutional & administrative law --- International relations --- Warfare & defence --- International military trade --- Military and dual-use goods and services --- International peace and security --- Strategic trade control --- Export control law --- Compliance and integrity --- Sanctions and arms embargoes --- Defence industry --- Trade restrictions --- Internal compliance program --- Open Access
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This book is a tribute to the work of Professor Terry Gill, offered to him by friends and colleagues who are also academics and/or practitioners in the field of International Law of Military Operations (ILMO). ILMO is a distinct sub-discipline within public international law and domestic public law, covering all domains of military operations: land, sea, air and (cyber)space. As such, ILMO includes elements of other branches of public international law, such as international humanitarian law, human rights law, the law on the use of force, the law of the sea, the law of State responsibility, arms control law and the law of international organisations. Importantly, as a hybrid field of law, ILMO covers the legal basis for military deployment both nationally and internationally, as well as the subsequent international legal regimes applicable to the forces (once deployed) and the domestic administrative and constitutional issues related to the relevant forces. Control is a central notion of ILMO and is the leading theme of this book. The contributions in this book reflect the variety of legal frameworks applicable to military operations and offer an insightful view into the various legal and factual roles of control. The legal notion of control is considered, inter alia, in relation to restraints in the decision to deploy military forces and the legal basis for doing so. The impact of control is also discussed in relation to State and command responsibility and in different situations, including during peace operations, occupation and other situations of armed conflict. Additionally, control is considered over the armed forces themselves, over detainees migrants at sea and over the type or scale of force used in military operations, through targeting rules or rules of engagement. Furthermore, the book contains several discussions of control in the case law of international courts, within arms control law, weapons law and in the context of autonomous weapons systems. The editors of the book are all practitioners, academically affiliated to the Faculty of Military Sciences (War Studies) of the Netherlands Defence Academy and/or the Law Faculty of the University of Amsterdam.
Law of armed conflicts. Humanitarian law --- International law --- Human rights --- Public law. Constitutional law --- Criminal law. Criminal procedure --- Transport law --- Law --- mensenrechten --- internationaal recht --- publiek recht --- grondrechten --- staatsrecht --- zeerecht --- grondwet
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Law of armed conflicts. Humanitarian law --- International law --- Human rights --- Public law. Constitutional law --- Criminal law. Criminal procedure --- Transport law --- Law --- mensenrechten --- internationaal recht --- publiek recht --- grondrechten --- staatsrecht --- zeerecht --- grondwet
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